Response on Gatvol
Court has independent trustees in its sights
I want to thank all the members who supported me on the Gatvol issue from the bottom of my heart. I received so many mails that is not going to be possible to answer you all personally. However in this mail you will find many answers as well as the contact detail of the people who will answer all further questions.
Journalists, I have a message for you too at the bottom. See it at the seminar detail.
If you want to read the English version of the “Coert is Gatvol” mail, please go to:
http://www.lightminded.com/2010/02/07/coert-is-gatvol/
The Treoc Way is not a stagnant, antiquated model that stays the same year after year. As the market changes or as the laws change, so we change as well. That’s why the guys who imitate or attack us can’t keep up. By the time they’ve found out how we’re doing it now, we’re already doing it differently, and the old way has sometimes become obsolete and dangerous.
I see that every Tom, Dick and Harry is a “trust specialist” these days. I wonder whether they have the faintest idea of the kind of fire they’re playing with. When I say fire, I mean serious fire, as in possible jail-time if you don’t do it correctly. I don’t have much sympathy for the amateur “trust specialists”, but I have plenty of sympathy for the poor person who trusted the amateur and then suddenly lost all his personal assets.
As you know, we continually monitor court cases involving trusts in order to test our methods. So we know what the judges like and what they don’t like. A recent court investigation into a trust insolvency where Treoc was NOT the trustee once again highlighted to us a few places where we should strengthen our trusts.
This case has not gone to court yet, but the way the liquidator is questioning the witnesses in the preparatory investigation indicates very clearly where he is looking for the trust’s weak spots. The poor attorney acting as independent trustee in this case really battled in the questioning and actually came across as very inexperienced. He’s not really inexperienced, but the very experienced investigator made him look bad and tried to make a case out of the fact that the independent trustee is not really independent – because of course, if he can succeed at this, then the rest will be easy. A trust that doesn’t have a true independent trustee is nothing other than you yourself, and the trust assets are then regarded as part of your personal estate. But .........................
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